(Download) "Donald O. Thomas v. State Alaska" by Supreme Court of Alaska # eBook PDF Kindle ePub Free
eBook details
- Title: Donald O. Thomas v. State Alaska
- Author : Supreme Court of Alaska
- Release Date : January 06, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
AREND, Justice. The defendant, Donald O. Thomas, also known as L. C. Thomas, appeals from a judgment of conviction for the crime of robbery. The indictment charged him with feloniously taking from the person and presence of Nadine Bisig $342.51 by putting the victim in fear with a butcher knife. In his brief Thomas advances five reasons why the judgment against him should be reversed and the cause remanded with directions to dismiss the indictment or grant a new trial. The defendant's first contention is that the trial court should either have granted a new trial or have stricken and excluded the testimony of a certain witness, Carol Burford, because her name did not appear on the indictment, although it was established at the trial that she had earlier testified before the grand jury in the same case. One of the requirements of Rule 7(c) of the Rules of Criminal Procedure is that 'hen an indictment is found the names of all witnesses examined before the grand jury must be inserted at the foot of the indictment, or endorsed thereon, before it is presented to the court.' It is clear from the record that Carol did testify before the grand jury and that her name does not appear on the indictment.